A military appeals court decided Thursday that accused Fort Hood shooter Maj. Nidal Hasan can be forcibly shaved, despite his assertion that his religion requires he wear a beard.

Siding with the judge overseeing the trial, Col. Gregory Gross, the U.S. Army Court of Criminal Appeals ruled that the Religious Freedom Restoration Act does not allow Hasan to wear a beard during his upcoming court martial, as Hasan did not prove his beard was an expression of a sincerely held religious belief.

"We agree with the military judge's conclusion that petitioner's wearing of the beard denigrates the dignity, order, and decorum of the court-martial and is disruptive under the current posture of the case," the decision says.

Even if Hasan did wear the beard out of a sincere religious belief, the decision found that "compelling" government interests justified the judge's order for Hasan to be shaved.

The military psychiatrist is accused of opening fire in November 2009 at the Texas Army post's processing center, where soldiers were preparing to deploy to Afghanistan and Iraq.

The attack left 13 dead and 32 people wounded. Hasan was paralyzed from the waist down after police exchanged fire with him.

His court-martial had been scheduled to start in August. But the appeals court delayed its start to determine whether his beard can be forcibly shaved during trial.

Army regulations prevent soldiers from wearing facial hair while in uniform. Hasan, who is still a soldier, is a practicing Muslim and maintains he has the right to wear the beard under U.S. laws protecting religious freedoms.

At a hearing in August, Hasan spoke about the beard he had grown.

"Your honor, in the name of almighty Allah, I am a Muslim," he told Gross. "I believe that my religion requires me to wear a beard."

Prosecutors argued that Hasan should have to shave his beard, saying the facial hair would make it harder for witnesses to identify him in court.

Gross ordered that Hasan would have to shave, triggering the appeal from Hasan's lawyers that was decided Thursday.

The court's decision can be further appealed to the U.S. Court of Appeals for the Armed Forces, an independent tribunal with worldwide jurisdiction over active-duty members of the U.S. armed forces and others subject to the Uniform Code of Military Justice.

Members of Hasan's defense team have indicated they plan on appealing the decision, according to Fort Hood.

If convicted of the shooting, Hasan can be sentenced to death.

A U.S.-born citizen of Palestinian descent, the licensed psychiatrist joined the Army in 1997. Though he was scheduled to deploy to Afghanistan, he had been telling his family since 2001 that he wanted to get out of the military.

Hasan told his family he was taunted after the terrorist attacks of September 11, 2001. Investigations tied to the Fort Hood shootings found he had been communicating via e-mail with Anwar al-Awlaki, a radical Yemeni-American cleric killed last year in a U.S. drone attack.

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Where's the pic of him without the beard then? Having not seen it, I'd say to him DON'T DO IT leave the beard on. Looks great. In fact, he looks a liltte bit like a younger version of the actor Tobin Bell.

This is absolutely ridiculous!! Islam does not "REQUIRE" Muslims to wear a beard!! What a deceitful liar!!! Stop spreading incorrect messages about Islam! No where is it written in the Koran to wear a beard. Islam is not a religion of external appearances.

What a STUPID story, no matter what this guy did and why he wants to grow a beard, he still has rights. When has someone growing a beard ever been an issue? Maybe Hair Club for Men can transplant it to his bald f'n head, then you can execute him.

My name is Peter Hawker and I CLEARLY have no idea how the military works, but I'm going to comment on this story anyway. Please ignore the obvious fact that this guy is *still in the Army* pending the results of his trial and that growing a beard is prohibited in the military.

This guy is a hypocrite. For years this Muslim shaved his face every day. Since we have an all volunteer army, he could also have left the military at any time if he had problems reconciling it with his religion. Shave him every day, for the rest of his life.'

Can we pull his whiskers out one by one with a pair of needle nose pliers instead, and laugh like little kids every time we pull a hair out? I will donate the pliers and my time and I promise it won't hurt, your honor!

My brother was shot 5 times by this guy. I can assure you, no one in our family, my brother included, cares whether he has a beard or not. To continue to allow these circus acts to overshadow the real issue at hand is in itself an injustice to those killed or wounded by this terrorist.

I hope your brother and family and all other victims and their families are healed very soon.
if this guy and his lawyers want to play games with the system – see if you can go ahead and do video depositions (or whatever) so you don't develop ptsd or other anxiety illness waiting for justice to be done.
just a thought
best to you

It does seem strange that although he was a Muslim before his arrest, there was no compulsion for him to have a beard then. Prohibited from wearing one in uniform, he didn't seem to have any problem. Once out of uniform, it becomes a big damn issue. I think all prisoners should be kept clean-shaven and have short hair. Contraband can so easily be smuggled in long tresses or a bushy beard. Uniformity of hair also emphasizes the disciplinary nature of imprisonment, just as it does in the military. Oh, and by the way, why is a beard so absolutely necessary to follow one's faith whereas murdering hoards of total strangers is not something in which he felt compelled to show restraint?

If this guy wanted out of the military since 2001, why did he stay? Couldn't he get out when his enlistment expired? The man was a psychiatrist; it's not like he had no skills with which to make a living in the civilian world.

P.S. Also, changing one's physical appearance between one's arrest and one's trial is on old trick. If you come your hair differently or dye it another color or grow or remove facial hair, your appearance changes and may confuse witnesses against you.

Sarah, he is military. In the military you can not have a beard unless you are in a position that you can grow one for certain purposes. Now his position in the military he had to shave and he is still military therefore he has to shave his beard!!

This whole thing is pretty ridiculous. Frustrating and absurd that Hassan is maintaining this when he's gone without a beard before. He's digging his heels in now about something he didn't before. But why is the military delaying justice by digging in their heels on this inconsequential issue? In the time it's taken to make these decisions, they could have already tried and sentenced him. Why are they digging in their heels about such a ridiculous issue? He wants to have a beard - try him with his beard. What difference does it make? Both sides are acting pretty ridiculous on this, in my opinion.

This turd's trial should have long been over. It is a slap in the face to every honorable serviceperson in the country that this is still going on. Every day this turd eats, sleeps, and has his medical needs attended to at our expense, plus lawyers and the countless other costs that occur. Let me remind the "valiant" top brass overseeing this farce that he was finally subdued by a policewoman on an army base so politically correct that NO ONE HAD A GUN (but him). His fellow doctors down the hall should have been armed, along with guards, etc.. Patton is rolling in his grave.
He should get the death penalty and the Army should carry it out. I don't doubt that most of the average GIs wouldn't mind volunteering. That's what you get in an age where generals never even see combat.

"Let me remind the "valiant" top brass overseeing this farce" Snap out of it, sonnyboy. You want EVERY AMERICAN SOLDIER to lose their rights over a test case? Let's assume you don't, so zip it; he's an American, a citizen of the greatest country in the world, and he will be tried fairly by a military tribunal and defended by a lawyer. That's the way we do it here, and you can go back to whatever two-bit scrap of land you call home and tell them so. If he's found guilty, he'll rot in that wheelchair; if he's found innocent, I'll eat my hat.

Why is this guy still breathing ? It's been 3 years ! What are we paying the military courts for – to decide if this guy needs a haircut and a shave ? At this rate, he'll die of old age before he gets to trial ! Who CARES if he's crazy – put him up against the wall and send him to Allah already.

We may not live to see "justice" rendered. There is no doubt of his guilt... due process shouldn't take more than a week – except for the stalling tactics of his lawyers [paid for by the American public].

"stalling tactics of his lawyers [paid for by the American public]." He's going to be tried by a military tribunal, the meanest and least-forgiving court of all; his military contract allows them to withhold certain of his rights because his carcass belongs to Uncle Sam. They could probably shoot him and bury him with a pig and it would be legal. I'd drown myself in a toilet to escape life in a stockade. You think he's enjoying life right now? Heh heh.

So the defense council will also say that the killings were legal since his religion calls for Jihad ? I think these are Hasan's final moments on Earth. The real irony is a psychiatrist has a mental breakdown and kills people.

The US Military is one of the most pretentious things I've read about lately. They had to shave him for a court-martial because his beard would be disruptive? And these kinds of people are responsible for our freedom and safety? That's more terrifying than the terrorists.

And he just remembered his religion requires him to wear a beard when he was about to go on trial for a capital crime? Why hasn't he challenged Army rules before on the issue? He's been a Muslim for years, but without a beard.

I thought the same thing – his face was shaved before the crime. I wish they slit his throat from ear to ear "accidentally".

October 19, 2012 at 10:18 am |

PJW

@Sam: Pretentious? Disruptive?

Think outside the box. The Judge is making a very smart decision here, which you are obviously not seeing. He's preventing appeals after the trial from the defense claiming jury bias, etc. Hasan was not wearing a beard when he committed the crime. The Judge wants him to look exactly as he did that day, so there's no question of misidentification from the witnesses during the trial. The Judge doesn't want Hasan to look like, "every old murdering, jihad'ing, muslim terrorist as seen on television and movies", which could potentially discredit the witnesses when they point him out in court as being the person they saw commit the crime.

Quite simply: The Judge is being smart. He wants Hasan to look EXACTLY the same way he did as the day the crime was committed, so there is ZERO CHANCE of an appeal down the road from Hasan claiming, "people just pointed at him and said he did it because his beard and general appearance make him look like a terrorist."

I think more importantly, Major. Hassan is still on active duty drawing pay and will do so until comvicted and his punishment is determined, than he will be reduced in rank, fined, dishonorable discharge, and whatever his sentence is; life in prison or the death penalty. And since he is on active duty he must adhere to the UCMJ (uniform code of military justice) and ALL army regulations, including being clean shaven.

Such an appeal wouldn't withstand the laugh test. It'd be dismissed immediately. Can't claim bias if they guy is insisting on that being his appearance in the court room. I don't think this is the reason for the ruling. You're applying logic to the decision that I don't think can be applied.

October 19, 2012 at 12:32 pm |

Hugh Jass

Exactly, and ssnst is right as well. Don't forget that he is active duty military – they could drop him out of a plane with no trial if he argued. They OWN him.

October 19, 2012 at 12:48 pm |

PJW

@SSNST: Yes, it's true that regulations are there, but remember, exceptions have been made to this regulation (see Army CPT Kamaljit Singh Kalsi, a Sikh who was allowed to keep his beard under an exception to policy rule in 2009, along with another Sikh).

The court needs a reason, other than regulation, to discredit and deny any appeals on this matter. Since precedents have been set allowing beards recently, this poses a very real risk of a successful appeal in the future if the court martial's ruling is based on Army Regulation alone. Making a judgment call that removes all bias of physical appearance so witnesses can positively identify Hasan and Hasan's defense team cannot delay things in the future with an appeal on the grounds that his physical appearance is prejudicial to due process is the true reason here, believe me.

COL Gross and the chief judge of the courts martial are not stupid. They know exactly what Hasan is trying to do. They know his defense team told him to grow a beard, and why. Hasan is not stupid, either. He knew an appeal on religious grounds would not pass the "smell test". They're just delaying the trial as long as possible and trying to set himself up for much bigger appeals later on down the road. We're going on 3 years now and the trial is still not underway. It's all delay tactics and attempts to discredit witnesses before the trial even starts.

October 19, 2012 at 5:33 pm |

bill

The Commander in King has decided holding US citizens without charges indefinitely is the American Way. The Jews were shaved or wait that never happened right? Who else is shaved in the United States before ANY court for ANY reason? I don't care about Islam vs Christian angles. Do you comb his hair and do his nails? His crime is moot. If a beard on an alleged killer hurts the US military courts chance for conviction that much or is perceived to be offensive, we are really in much worse shape than even CNN lets us see. Fake wars, bull**** courts and fear, the best weapon.
You are very right Sam.

Any US Soldier standing in front of a court martial is required to meet the grooming standards of AR 670-1. Which means men will be clean-shaven unless they have a waiver.

Hasan does not have a waiver, and his is not eligible for a waiver.

October 19, 2012 at 10:56 am |

motorfirebox

Um, Hassan has been charged. He was charged in Nov-Dec 2009. And as far as shaving goes, Hassan is still a soldier in the US military, and is still subject to military law–including grooming standards.

October 19, 2012 at 11:26 am |

Frank

So why would killing 13 people suddenly give this clown carte blanche to break the military rules that he himself has been following for 10 years? That I know of, he had no interest, nor did he ask permission, to grow a beard before he shot people. Why in the world would he be allowed to grow one now? Would it also be OK if he grows his hair and fingernails out, starts wearing a loincloth, and stops bathing too now that he's a coddled murderer? What if his 'religion' also demanded he smoke pot and marry a 6 yo? Should the military supply these things for him?

I have a better idea. Make this idiot follow all the rules that everyone else in the military has to follow. If he doesn't like these rules, maybe he should have left the military *before* he decided to kill people.

He is still a major in the United States Army and is still getting paid. Army Regulation 670-1, paragraph 1-8 states "Handlebar mustaches, goatees, and beards are not authorized". That means what it says – no beards!

You pretentious troll.. The military and the people who make it up are out there every day, allowing you to spew the garbage above.. Put a uniform on for four years and get in the middle of the mess they go into over in the Middle East.. Otherwise go back to selling your oil paintings on the street.... You make me ill...

Spoken like a true non-veteran. We (the United States military) have been protecting your right to say things like this for over 200 years. And yes I served, as is my son, as did my father, his father, his father, and his father before him – all proudly.

Pretentious? Ha! How about disciplined, selfless, professional, valiant, proud, or heroic? Of course these words don’t resonate with people like you.

This guy joined the military in 1997 and committed his vicious crime in November of 2009. It states that his family said that he wanted to get our of the military since 2001. As an officer, he could have simply submitted his resignation and he would have been released from active duty anytime between 2001 and 2009. Also, he is still on active duty drawing all of the pay and benefits of other military members who are performing their duties in an honorable manner. As a Major in the US Army, he is well aware of the grooming standards (beards included) of the military. This guy is just grabbing for straws in an attempt to save his life. The lawyers assigned to him must take a shower every night to keep the stench of this case off of them an for defending an individual that slaughtered and injured fellow members in arms. There is only one punishment for a person that betrayed his country and fellow service members in such as fashion.

Just like many American convicts.. They get busted for a crime then, in prison, they all find God and claim they are innocent after proven guilty. Prior to the incident, he was not allowed to have a beard because he was serving the US military. Now, if his religion says he must have a beard, yet shaved it to get a job, then according to sharia law he must have his head removed from his torso. Either way, the death penalty is a just punishment. Dude should have never been let into the US military to begin with. He managed to disgrace the US uniform and his religion at the same time. A hundred and fifty years ago he would have been burned at the stake for heresy

The orthodox Jews as well as the radical Islamics believe that they must differentiate between men and women. This is how unreal their thinking is. Women must wear wigs, hijabs and long dresses and men must wear wide pants and beards..... We are all born naked and none of these attires appears when we are born.....I worked in a jewish orthodox school and I was choked when the kids age 7 identified pictures of kids according to what they wore (dress – has to be a girl, pants has to be a boy.... God created us and what He made is beautiful.... why all those stupid camouflage....Too many humans love to complicate and interprete their religious books according to their humans views.

October 20, 2012 at 7:50 am |

Joe

He was supposed to be representing our [US] armed forces yet he gunned down his own people. This is treason and an act of war and terror. According to sharia law, a public hanging from the old oak tree is recommended.

Shouting "Allahu Akbar" before he started shooting his FORMER comrades in arms demonstrates that FORMER Maj. Nidal Hassan had become a traitor to this nation, a refutation of the oath he took and a declaration that he had become an enemy combatant. He, therefore, can be considered to be an agent of a foreign organization and, as such, is only accorded those rights the United States of America allows foreign combatabts that have been captured. To paraphrase a movie quote, "he deserves a fair trial, followed by a first-class hanging.".

Since this guy seems like he's not cooperating, I'd be curious to see if this is going to make it worse for him later on, say, for example, at a sentencing hearing. Give him his rights, but lets get on with it...

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